Common use of Changes to reference rates Clause in Contracts

Changes to reference rates. (a) Subject to Clause 42.3 (Other exceptions), if an RFR Replacement Event has occurred any amendment or waiver which relates to: (i) providing for the use of a Replacement Reference Rate in place of the RFR; and (A) aligning any provision of any Finance Document to the use of that Replacement Reference Rate; (B) enabling that Replacement Reference Rate to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate to be used for the purposes of this Agreement); (C) implementing market conventions applicable to that Replacement Reference Rate; (D) providing for appropriate fallback (and market disruption) provisions for that Replacement Reference Rate; or (E) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Facility Agent (acting on the instructions of the Majority Lenders) and the Borrowers.

Appears in 1 contract

Sources: Facility Agreement (Navios Maritime Partners L.P.)

Changes to reference rates. (a) Each Obligor agrees and acknowledges that it shall co-operate with the Finance Parties in good faith to agree and implement any amendment or waiver as contemplated pursuant to this Clause 42.4 (Changes to reference rates) as a result of a Published Rate Replacement Event. (b) Subject to Clause 42.3 (Other exceptions), if an RFR a Published Rate Replacement Event has occurred any amendment or waiver which relates to: (i) providing for the use of a Replacement Reference Rate in place of the RFRPublished Rate; and (A) aligning any provision of any Finance Document to the use of that Replacement Reference Rate; (B) enabling that Replacement Reference Rate to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate to be used for the purposes of this Agreement); (C) implementing market conventions applicable to that Replacement Reference Rate; (D) providing for appropriate fallback (and market disruption) provisions for that Replacement Reference Rate; or (E) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Facility Agent (acting on the instructions of the Majority Lenders) and the Borrowers.

Appears in 1 contract

Sources: Term Loan Facility Agreement (Icon Energy Corp)

Changes to reference rates. (a) Subject to Clause 42.3 (Other exceptions), if 3.6.1 If an RFR Replacement Event has occurred occurred, any amendment or waiver which relates to: (ia) providing for the use of a Replacement Reference Rate in place of the RFR; and (Ab) any or all of the following: (i) aligning any provision of any Finance Security Document to the use of that Replacement Reference Rate; (Bii) enabling that Replacement Reference Rate to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate to be used for the purposes of this Agreement); (Ciii) implementing market conventions applicable to that Replacement Reference Rate; (Div) providing for appropriate fallback (and market disruption) provisions for that Replacement Reference Rate; or (Ev) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Facility Agent (acting on the instructions of the Majority Lenders) Bank and the Borrowers. 3.6.2 An amendment or waiver that relates to, or has the effect of, aligning the means of calculation of interest on the Loan or any part of the Loan under this Agreement to any recommendation of a Relevant Nominating Body which: (a) relates to the use of the RFR on a compounded basis in the international loan markets; and (b) is issued on or after the date of this Agreement, may be made with the consent of the Bank and the Borrowers.

Appears in 1 contract

Sources: Supplemental Agreement (Navios South American Logistics Inc.)

Changes to reference rates. (a) Subject to Clause 42.3 (Other exceptions), if an RFR Replacement Event has occurred ) any amendment or waiver which relates to: (i) providing for the use of a Replacement Reference Rate in place of the RFRthat Published Rate; and (A) aligning any provision of any Finance Document to the use of that Replacement Reference Rate; (B) enabling that Replacement Reference Rate to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate to be used for the purposes of this Agreement); (C) implementing market conventions applicable to that Replacement Reference Rate; (D) providing for appropriate fallback (and market disruption) provisions for that Replacement Reference Rate; or (E) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Facility Agent (acting on the instructions of the Majority Lenders) and the BorrowersBorrower. (b) In this Clause 42.4 (Changes to reference rates):

Appears in 1 contract

Sources: Term Loan Facility Agreement (Okeanis Eco Tankers Corp.)

Changes to reference rates. (a) Subject to Clause 42.3 46.3 (Other exceptions), if an RFR Replacement Event has occurred any amendment or waiver which relates to: (i) providing for the use of a Replacement Reference Rate in place of the RFRthat Published Rate; and (A) aligning any provision of any Finance Document to the use of that Replacement Reference Rate; (B) enabling that Replacement Reference Rate to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate to be used for the purposes of this Agreement); (C) implementing market conventions applicable to that Replacement Reference Rate; (D) providing for appropriate fallback (and market disruption) provisions for that Replacement Reference Rate; or (E) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Facility Agent (acting on the instructions of the Majority Lenders) and the Borrowers.

Appears in 1 contract

Sources: Term Loan Facility (Okeanis Eco Tankers Corp.)

Changes to reference rates. (a) Subject to Clause 42.3 (Other exceptions), if an RFR If a Screen Rate Replacement Event has occurred in relation to MPR, any amendment or waiver which relates to: (i) providing for the use of a Replacement Reference Rate Benchmark in place of the RFRrelation to MPR; and (A) aligning any provision of any Finance Document to the use of that Replacement Reference RateBenchmark; (B) enabling that Replacement Reference Rate Benchmark to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate Benchmark to be used for the purposes of this Agreement);; ​ ​ (C) implementing market conventions applicable to that Replacement Reference RateBenchmark; (D) providing for appropriate fallback (and market disruption) provisions for that Replacement Reference RateBenchmark; or (E) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate Benchmark (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Facility Agent (acting on the instructions of the Majority Lenders▇▇▇▇▇▇▇) and the Borrowers▇▇▇▇▇▇.

Appears in 1 contract

Sources: Unsecured NGN Term Facility Agreement (IHS Holding LTD)

Changes to reference rates. (a) Subject to Clause 42.3 (Other exceptions), if an RFR If a Screen Rate Replacement Event has occurred in relation to MPR, any amendment or waiver which relates to: (i) providing for the use of a Replacement Reference Rate Benchmark in place of the RFRrelation to MPR; and (A) aligning any provision of any Finance Document to the use of that Replacement Reference RateBenchmark; (B) enabling that Replacement Reference Rate Benchmark to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate Benchmark to be used for the purposes of this Agreement);; ​ (C) implementing market conventions applicable to that Replacement Reference RateBenchmark; (D) providing for appropriate fallback (and market disruption) provisions for that Replacement Reference RateBenchmark; or (E) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate Benchmark (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Facility Agent (acting on the instructions of the Majority Lenders▇▇▇▇▇▇▇) and the Borrowers▇▇▇▇▇▇.

Appears in 1 contract

Sources: Unsecured NGN Revolving Credit Facility Agreement (IHS Holding LTD)

Changes to reference rates. (a) Subject to Clause 42.3 43.3 (Other exceptions), if an RFR Replacement Event has occurred any amendment or waiver which relates to: (i) providing for the use of a Replacement Reference Rate in place of the RFR; and (A) aligning any provision of any Finance Document to the use of that Replacement Reference Rate; (B) enabling that Replacement Reference Rate to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate to be used for the purposes of this Agreement); (C) implementing market conventions applicable to that Replacement Reference Rate; (D) providing for appropriate fallback (and market disruption) provisions for that Replacement Reference Rate; or (E) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Facility Agent (acting on the instructions of the Majority Lenders) and the Borrowers.

Appears in 1 contract

Sources: Term Loan Facility (Navios Maritime Partners L.P.)

Changes to reference rates. (a) Subject to Clause 42.3 43.3 (Other exceptions), if an RFR a Published Rate Replacement Event has occurred in relation to any Published Rate, any amendment or waiver which relates to: (i) providing for the use of a Replacement Reference Rate in place of the RFRPublished Rate; and (A) aligning any provision of any Finance Document to the use of that Replacement Reference Rate; (B) enabling that Replacement Reference Rate to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate to be used for the purposes of this Agreement); (C) implementing market conventions applicable to that Replacement Reference Rate; (D) providing for appropriate fallback (and market disruption) provisions for that Replacement Reference Rate; or (E) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Facility Agent (acting on the instructions of the Majority Lenders) and the BorrowersBorrower.

Appears in 1 contract

Sources: Facility Agreement (Taylor Maritime Investments LTD)